Involuntary Deviate Sexual Intercourse (IDSI) in PA

Involuntary-Deviant-Sexual-Intercourse

Involuntary Deviate Sexual Intercourse is a type of sexual offense in PA. When it comes to finding the best Pennsylvania Sex Crimes attorney, we are it. 

 

Defenses that work

Consent

Unless the victim is under the age of consent in PA, consent is a defense.

How this determination comes out is highly dependent on the facts. But this isn’t the Maury Povich Show. It isn’t a referendum. The government must prove its case beyond a reasonable doubt. The accused has to prove nothing.

For the government to prevail, the jury must find the witness’s story credible or consistent. It is all dependent on how the sides frame that story in court. 

As far as consent is concerned, this is a factual issue for the jury to decide. It all depends on what actually happened. Frequently, two people experience things very differently. One important thing to note is that while unimpaired adults can consent, (but do not always do so) children and intoxicated adults cannot. They do not have the full mental understanding of the events that are happening, so they cannot decide whether they consent. For similar reasons, those with developmental disabilities also cannot consent.

Statute of Limitations for Involuntary Deviate Sexual Intercourse

In short, until the victim turns 50 years old. The statute of limitations for Involuntary Deviate Sexual Intercourse is within 12 years of the offense date unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.”

Penetration

The next most common issue in Involuntary Deviate Sexual Intercourse cases are whether there was actual penetration. As for penetration, this does not need to be with a penis. The government can prove the element if the penetration is done with a finger or any other digit, including objects not part of the accused’s body. Additionally, this can be met even if the penetration is very slight or brief.

 

What is the maximum penalties for Involuntary Deviate Sexual Intercourse?

There is significant litigation ongoing now about Age-based mandatory minimums in PA. The government may try to have you sentenced pursuant to a mandatory minimum sentence. If the government tries, your attorney needs to challenge it every single time.

Megan’s Law Reporting for Involuntary Deviate Sexual Intercourse

Also, if convicted, it is a Tier III Sexual Offense under Pennsylvania’s Megan’s Law (SORNA). As such, if you plead guilty or are found guilty for offenses alleged to have occurred on or after December 20, 2012, it is a

LIFETIME 

Megan’s Law registration required. This lifetime registration follows you all over the United States. You can’t run or hide. It is with you forever.

Sexually Violent Predator for Involuntary Deviate Sexual Intercourse

A conviction of Involuntary Deviate Sexual Intercourse triggers the Court to order an assessment under Sexual Offender Assessment Board (SOAB) to determine if you meet the dreaded label of Sexually Violent Predator.

A SVP must for his or her lifetime, at least monthly, attend and participate in mandatory sex offender counseling with a treatment provider approved by the SOAB. A SVP will undergo active community notification. Local law enforcement authorities will notify neighbors, county Children and Youth Agencies, local day care centers, school districts and institutions of higher education of the Sexually Violent Predator’s name, residential address and offense. With the notification will be a recent photograph of the offender.

Pennsylvania State Police Megan’s Law searchable database.

What does IDSI in PA mean?

IDSI, meaning “Involuntary Deviate Sexual Intercourse,” otherwise known as Deviate Sexual Assault is a felony sex crime, as outlined in § 3123 of Pennsylvania’s criminal statutes.

To be found guilty of Involuntary Deviate Sexual Intercourse in Pennsylvania, the government must prove beyond a reasonable doubt that:

1. the accused:
2. Had deviate sexual intercourse with the victim, and
3. did so in one of the following ways:

• with “forcible compulsion;”
• threat of “forcible compulsion;”
• the victim is unconscious or unaware;
• the defendant has given the victim enough drugs or alcohol that they are too impaired to consent;
• the victim is developmentally disabled enough to be unable to consent; or
• the victim is a child under 16 years old.

What is Deviate Sexual Intercourse?

The Deviate Sexual Intercourse definition is found in § 3101. It means sexual intercourse performed with a person’s mouth or anus, or any sexual intercourse with an animal. The term also encompasses any penetration of a person’s genitals or anus with a foreign (non-human) object that is not done for lawful medical or law enforcement purposes.

What is forcible compulsion?

According to § 3123, forcible compulsion involves an accused person using force to get a person to do sexual acts with him/her that result in the victim’s death. Whether the accused used forcible compulsion is not as obvious as it seems. Courts engage in a complex analysis to decide this.

Other types of IDSI

3123 contains two other offenses: “involuntary deviate sexual intercourse with a child and “involuntary deviate sexual intercourse with a child with serious bodily injury.” The first of these offenses involves deviate sex with a child under 13 years of age, and the second involves doing this with the encounter resulting in serious injury.

 

Maximum Sentences for IDSI

It is a Felony of the First Degree. That carries with it a maximum sentence of 20 years and $25,000.

But if the conviction is for a

• subsection (b)  [Involuntary deviate sexual intercourse with a child], it carries with it a maximum of forty years. 
• subsection (c)  [Involuntary deviate sexual intercourse with a child with serious bodily injury], it is maximum punishment of life

If you have a qualifying prior, you could be subject to Pennsylvania’s Three Strikes Law.

There is significant litigation ongoing now about Age-based mandatory minimums in PA and surrounding these maximum crime enhancements of 40 years and life. The government may try to have you sentenced pursuant to a mandatory minimum sentence or an extended maximum. If the government tries, your attorney needs to challenge it every single time.